Frequently Asked Questions

1. Q : What can I do if I am dismissed by my company for complaining about sexual harassment?

A : If you are dismissed because you voiced objections against the harassment, you should write to go to the Industrial Relations Department and file a complaint within 60 days . Unfortunately, some employees face the risk of losing their jobs for lodging complaints about sexual harassment, especially where the harasser is in a more powerful position in the organisation. A brave few have actually persevered despite such setbacks (see our Case Studies). We would encourage as many victims of sexual harassment as possible to speak up so that in time, with enough support and evidence, the government would put into place effective laws and policies against such harassment.

2. Q : What about if I have to resign because the situation has become very bad?

A : If you resign because the situation got so bad, this is called “constructive dismissal” and you can take action for this as well, but you will need to be able to prove that you have tried various avenues to get the harassment to stop. It is important that you state the reason in your resignation letter why had to resign. You can then go to the Industrial Relations Department in your State and file a complaint within 60 days.

The IR Department will mediate between you and your employer – this is where all documentation and proof that you have kept (like medical chits, letters from a counselor, memos to your employer, your resignation letter stating that you left because of the harassment) will be very important. If a settlement cannot be reached , the Ministry of Human Resource will can decide whether your case will be referred to the Industrial Court for settlement.

3. Q : If I lodge a police report, what laws could the police or prosecution use to charge the offender with in court?

A : Although there is no specific law on sexual harassment, there are several sections in the Penal Code (criminal law) on other sexual offences which the police could use to cover situations of sexual harassment, including the following :-

  • Section 354 : assault or use of criminal force with intent to outrage modesty
  • Section 375 : rape
  • Section 377C : carnal intercourse against the order of nature without consent etc (covers sodomy and oral sex)
  • Section 377D : outrages on decency
  • Section 509 : word or gesture intended to insult the modesty of a person

Most of these tend to focus on the physical forms of sexual harassment. Hence, unfortunately, unless there has been some form of physical injury, the authorities could be reluctant to get involved. This is mainly due to the difficulties of proving a non-physical (for instance, verbal) case of sexual harassment where the offence has taken place in private and there are no witnesses. Still, we would encourage victims to lodge police reports so that the necessary investigations can be carried out. Remaining silent only means that no action would be taken at all to address the situation.

4. Q : Do only women get sexually harassed?

A : No. However, most cases involve men harassing women. Relatively few men get harassed. Occasionally, women also harass other women.

5. Q : How do you know if sexual behaviour is “unwelcome”?

A : If you can sense that someone is feeling uncomfortable or embarrassed by what you do, then it is probably unwelcome behaviour. If the behaviour gets no encouragement, or if s/he begins to avoid you or becomes emotionally distressed, these are signs that the attention is unwelcome. The person does not need to state a clear “No”.

6. Q : Just one joke can’t be sexual harassment, can it?

A : One joke is rarely enough to be sexual harassment, but one incident may be. One example of a serious incident would be sexual touching, like grabbing a woman’s breast. Believing you were “just joking” doesn’t mean you aren’t
harming someone.

In really serious cases, a single incident can create a “hostile environment” so offensive and intimidating that it interferes with a person’s ability to work or learn. For example, an employer may suggest to an employee that her/his position will be affected by whether she allows or refuses sexual advances.

7. Q : How can men help stop sexual harassment?

A : Men can probably help more than anyone to prevent sexual harassment, so speak up! If your friends or colleagues are harassing other people in front of you, it is often to “show off”. If you stay quiet, it means you think that their behaviour is okay. Tell them to stop and show some respect.

Information taken from pamphlet on “What is Sexual Harassment?” by the All Women’s Action Society (AWAM)